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Government Urges SCOTUS to Declare ALJ Process Unconstitutional

Client Alert | 1 min read | 12.08.17

On November 29, 2017, the United States filed a brief in support of certiorari in Raymond J. Lucia Cos., Inc. v. SEC, urging the U.S. Supreme Court to use the case to hold that the existing hiring process for federal administrative law judges (ALJs) is unconstitutional. To date, federal courts of appeals have split on the question: the D.C. Circuit ruled that ALJs are mere “employees” of the federal government and are properly hired through a competitive process overseen by the Office of Personnel Management (OPM); the Tenth and Fifth Circuits, on the other hand, ruled that ALJs are “inferior officers” of the United State and must therefore be appointed as dictated by the Appointments Clause of the U.S. Constitution, as previously discussed here and here. The answer to the question could have significant consequences for thousands of ALJs serving in dozens of federal agencies who are routinely charged with overseeing discovery in agency proceedings, issuing subpoenas, making findings of fact, and deciding cases. The Supreme Court should decide whether to accept the case for argument early next year.

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Client Alert | 4 min read | 07.06.26

House Advances Bipartisan Kids' Online Safety Bill, But Senate Showdown Looms

On June 22, 2026, House Energy and Commerce Committee Chairman Brett Guthrie (R-Ky.) and Ranking Member Frank Pallone (D-N.J.) announced a bipartisan agreement on a revised version of the KIDS Act (H.R. 7757), marking the most significant congressional advance on children's online safety legislation in years. The House passed H.R. 7757, as amended, on June 29, 2026, setting up a potential showdown with the Senate. The revised KIDS Act consolidates elements of 14 pending legislative proposals — including KOSA and COPPA 2.0, both of which have previously passed the Senate and cleared the House Energy and Commerce Committee — into a single, comprehensive framework. The announcement, however, was met immediately with objections from Senate sponsors and civil liberties groups, underscoring the difficult legislative road ahead....